Policies + Procedures — Governance + Compliance — Drug and Alcohol-Free Workplace

1.13 Drug and Alcohol-Free Workplace

I. Purpose

Bucks County Community College [“College”] values all our employees. Safety, health, and general well-being are of utmost importance to the College. As such, the College is committed to maintaining a workplace free from illicit drug use and the abuse of alcohol. As a condition of employment each employee is responsible for complying with all drug-free and alcohol abuse policies and to ensure that the College remains a drug-free, healthful, safe, and secure work environment.

II. Scope

This policy is applicable to all categories of college employees and to all locations where the college offers services or programs. As a condition of employment each employee is responsible for complying with all drug-free and alcohol abuse policies and to ensure that the College remains a drug-free, healthful, safe, and secure work environment.

III. General

The College absolutely prohibits the unlawful sale, trade, offer for sale possession, purchase, manufacture, consumption/use, distribution or dispensing of controlled substances, illicit or illegal drugs, and/or misusing prescribed drugs, on college premises or while conducting College business off premises. This includes the dispensing of otherwise legal drugs to a person who is not authorized to receive such drugs, or a person not authorized to deliver such drugs. Violations of this policy will result in disciplinary action, up to and including discharge from employment, and may have other legal consequences. Notification to legal authorities may be necessary.

Nothing in this policy statement is intended to restrict reasonable consumption or handling of alcoholic beverages by employees at an official authorized event, at designated locations or at events with previous approval by the President.

IV. Employee and College Compliance Requirements

This policy is in compliance with the Drug-Free Workplace Act and Federal Student Aid requirements for Drug and Alcohol Abuse Prevention Information 668.14(c); 34 CFR 86. Employees must, as a condition of employment, abide by the terms of this policy and report to the College any conviction under a criminal drug statute for violations occurring on or off college premises while employed by the College. A report of a conviction must be made to the Chief Human Resources Officer within five (5) days after the conviction (including Summary Offenses)

Employees working on covered grants and contracts are notified that as a condition of such work, they must obey the prohibition and notify the employer within five days of their conviction for violating any criminal drug law by action in or out of the workplace. This information will be provided to the granting agency within ten (10) days of the conviction.

Within 30 days of learning of such a conviction, discipline the employee or require that he/she complete a drug rehabilitation program.

This policy will be reviewed, for its effectiveness, on a biennial basis by the appointed committee. Any updates and/or changes to this policy will be distributed to all employees. In addition, all newly hired employees are required to review and acknowledge their understanding of this policy at the start of employment. On an annual basis, this policy will be redistributed to all active employees.

The college will annually disseminate this policy to all employees to include the College’s commitment of maintaining a drugfree workplace, the dangers of workplace drug abuse, the penalties the employer will impose for drug violations, and information about any drug counseling, rehabilitation, or employee assistance programs.

V. Drug and Alcohol Abuse Reasonable Suspicion and Post Incident and Return-to-Duty

Reasonable Suspicion: Employees are expected and required to be fully able to perform their job duties free from alcohol and drugs. Employees whose actions suggest they are under the influence of drugs and/or alcohol will not be permitted to continue to work in any capacity whether working on or off the premises.

When a supervisor observes and documents signs and symptoms that an employee may be under the influence of drugs or alcohol, or observes other actions or behaviors that indicate a potential violation of the drug-free workplace policy, he/she will corroborate the suspicion with another management-level employee, to include members of the Safety and Security staff. When a co-worker observes and documents signs and symptoms that an employee may be under the influence of drugs or alcohol, or observes other actions or behaviors that indicate a potential violation of the drug-free workplace policy, he/she will report the suspicion immediately to his/her supervisor, or in the absence of the supervisor, to the Chief Human Resources Officer or designee.

Under corroboration, the supervisor will contact the Chief Human Resources Officer, or designee, to report their suspicions. Human Resources investigate the incident and will arrange for a drug/alcohol test at the designated third-party facility. The employee will be transported to and from the facility via the Office of Security and Safety or other college-approved means, at the expense of the college. The employee who is suspected of drug/alcohol use or a policy violation is immediately placed on administrative leave with pay and may not return to work while awaiting the results of reasonable suspicion testing and consideration of the matter. Arrangements for the employee’s safe transport home will be at the discretion of the Chief Human Resources Officer, or designee, in conjunction with the employee’s supervisor (or designee) and/or Director, Security and Safety. Failure to submit to a drug/alcohol test may result in disciplinary action, up to and including termination of employment.

Post Accident: When an employee has an accident on or off-site in a work-related capacity that results in one or more of the following: fatalities; injuries that require anyone to be removed from the scene for medical care; damage to college vehicles or college property; and/or citations issued by the police for driving under the influence (DUI), the college will order a drug/alcohol test be performed by an authorized third-party facility as soon as possible following the incident to determine whether drugs and/or alcohol were a factor in the accident. In the event the employee is transported by ambulance to a hospital for treatment, the employee is required to provide drug/alcohol test results from the hospital to the college.

The employee is immediately placed on administrative leave with pay and will not be allowed to return to work following the accident, until the results of the drug/alcohol test are received and reviewed by the college and a reasonable determination can be made about the cause of the accident and any disciplinary action, if warranted.

Return-to-Duty: When an employee, who has tested positive under the auspices of reasonable suspicion or post-accident, as outlined above, has completed the required treatment for substance abuse and is ready to return to the workplace, the college will order a pre-return drug/alcohol test. Results of this test determine if the employee will be allowed to return to work or if the college will proceed to further disciplinary action, up to and including termination, based on the egregiousness of the incident/offense and/or if there has been more than one violation of the policy.

The college reserves the right to pursue further disciplinary action, up to and including termination of employment at Bucks County Community College for any of the following: violation of any section of this policy, refusal to take a drug or alcohol test, refusal to sign an authorization for release of test results to the college, and/or attempts to delay the testing process.

VI. Substance Abuse Treatment Assistance

The College recognizes that employees with alcohol and/or drug-related problems should be encouraged to seek help in dealing with such problems. Employees are encouraged to use counseling services available through:

Our Employee Assistance Program (EAP) or health insurance plans, as appropriate, when facing alcohol and/or drug-related problems. For additional EAP resources and services provided you can call 1-866-799-2728 or visit HealthAdvocates.com/members
Bucks County Drug and Alcohol Commission, Inc. 215-444-2730
BCARES Family Support 215-244-2700
Penn Foundation, Inc. 267-404-5990
Family Services Association of Bucks County 215-757-6916

Employees who seek assistance and enter a treatment facility may be eligible for paid time off during their inability to work through use of available paid time off and/or the College Short Term Disability program and in compliance with the Family Medical Leave Act. Depending upon individual circumstance, some of the costs for such treatment may be covered under the employee’s medical benefit plan, if available. Employees who voluntarily seek treatment may be able to return to work after successfully completing the treatment program with medical authorization and within college guidelines. If an employee wishes to seek voluntary assistance with drugs and/or alcohol abuse issues may also do so by making confidential contact to the Chief Human Resources Officer at ext. 8649.

VII. Use of Lawful Medications

Nothing in these policies prohibits or in any way limits the lawful use of prescription and nonprescription drugs. However, an employee must inform their immediate supervisor or the Chief Human Resources Officer if they are using a prescription or nonprescription drug, which at current prescribed dosage, could impair work performance or pose a risk of harm to the employee, to others, or to property. It is the employee’s responsibility to determine from their physicians if the medication can impair work performance or pose such a risk. If the lawful use of lawful prescription or nonprescription drugs does limit or otherwise impair the employee’s ability to perform the essential functions of their position or otherwise creates a safety risk, the Chief Human Resources Officer, or designee, will meet with the employee to determine whether a reasonable accommodation is available. Employees who have questions regarding this policy are encouraged to contact the Chief Human Resources Officer to determine if accommodation is available.

VIII. Health and Other Related Risks from Drugs and Alcohol Abuse

Drug use can have a wide range of short- and long-term, direct, and indirect effects. These effects often depend on the specific drug or drugs used, how they are taken, how much is taken, the person's health, and other factors. Short-term effects can range from changes in appetite, wakefulness, heart rate, blood pressure, and/or mood to heart attack, stroke, psychosis, overdose, and even death. These health effects may occur after just one use.

Longer-term effects can include heart or lung disease, cancer, mental illness, HIV/AIDS, hepatitis, and others. Long-term drug use can also lead to addiction. Drug addiction is a brain disorder. Not everyone who uses drugs will become addicted, but for some, drug use can change how certain brain circuit’s work. These brain changes interfere with how people experience normal pleasures in life such as food and familial/friend relationships, their ability to control their stress level, their decision-making, their ability to learn and remember, etc. These changes make it much more difficult for someone to stop taking the drug even when it is having negative effects on their life, and they want to quit.

Drug use can also have indirect effects on both the people who are taking drugs and on those around them. This can include affecting a person’s nutrition; sleep; decision-making and impulsivity; and risk for trauma, violence, injury, and communicable diseases. Drug use can also affect babies born to women who use drugs while pregnant. Broader negative outcomes may be seen in education level, employment, housing, relationships, and criminal justice involvement.

Alcohol consumption can cause a number of changes in behavior and physiology. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism, fights, and incidents of drinking and driving. Continued abuse may lead to dependency, which often causes permanent damage to vital organs and deterioration of a healthy lifestyle. According to the National Institute on Alcohol Abuse and Alcoholism binge drinking is defined as a pattern of alcohol consumption that brings the blood alcohol concentration (BAC) level to 0.08% or more.

Narcotics. Drugs included in this classification include opium, morphine, codeine, heroin, OxyContin, Percocet and other opium derivatives and synthetics. The first or second administration of narcotics results in a tremendous euphoric feeling that cannot be repeated due to the rapid development of tolerance to the drug.

Amphetamines. Amphetamines can cause a rapid or irregular heartbeat, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.

Cannabis (Marijuana, Hashish). The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Frequent users often have a lowered immune system and an increased risk of lung cancer.

Cocaine/Crack. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death.

Hallucinogens. Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the area of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries.

Heroin/Opioids. Heroin is an opiate drug that causes the body to have diminished pain reactions. Opioids are physically addictive and users develop a rapid tolerance to the drug; the user must continue ingesting the drug to avoid withdrawal symptoms. Heroin and other opiate drugs (morphine, codeine, heroin, OxyContin, Percocet) are respiratory depressants; use can be associated with coma and death.

Source: National Institute on Drug Abuse https://www.drugabuse.gov/related-topics/healthconsequences-drug-misuse

404.7 Related Laws and Criminal Sanctions for Illegal Drug and Alcohol Use

In addition to college sanctions, any employee who violates applicable alcohol or drug policies will be subject to criminal prosecution and penalties under applicable local, state, and federal laws.

Alcohol

The Pennsylvania Liquor Control Board website explains alcohol and the law in the state of Pennsylvania, programs, and resources available, as well as provides information for parents. Below are the applicable restrictions on alcohol in the state of Pennsylvania.

The Pennsylvania Liquor Code, 47 Pa., C.S.A., 1-101 et seq., controls the possession and sale of alcoholic beverages within the Commonwealth. The Code as well as portions of the Pennsylvania Statutes pertaining to crimes and offenses involving minors, 18 Pa., C.S.A. 6307 et seq., provides the following:
It is a summary offense for a person under the age of twenty-one to attempt to purchase, consume, possess, or knowingly and intentionally transport any liquor or malt or brewed beverages. Penalty for a first offense is suspension of driving privileges for 90 days, a fine up to $300 and imprisonment for up to 90 days; for a second offense, suspension of driving privileges for one year, a fine up to $500, and imprisonment for up to one year; for subsequent offense, suspension of driving privileges for two years, a fine up to $500 and imprisonment for up to one year. Multiple sentences involving suspension of driving privileges must be served consecutively.
It is a crime intentionally and knowingly to sell or intentionally and knowingly to furnish or to purchase with the intent to sell or furnish, any liquor or malt or brewed beverages to any minor (under the age of twenty-one). “Furnish” means to supply, give, or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged. The penalty for a first violation is $1,000; $2,500 for each subsequent violation; imprisonment for up to one year for any violation.
It is a crime for any person under twenty-one years of age to possess an identification card falsely identifying that person as being twenty-one years of age or older, or to obtain or attempt to obtain liquor or malt or brewed beverages by using a false identification card. Penalties are stated in (2) above.
It is a crime intentionally, knowingly or recklessly, to manufacture, make, alter, sell, or attempt to sell an identification card falsely representing the identity, birth date, or age of another. The minimum fine is $1,000 for first violation; $2,500 for subsequent violations; imprisonment for up to one year for any violation.
It is a crime to misrepresent one’s age knowingly and falsely to obtain liquor or malt or brewed beverages. Penalties are as stated in (1) above.
It is a crime knowingly, willfully and falsely represent that another is of legal age to obtain liquor or malt or brewed beverages. The penalty is a minimum fine of $300 and imprisonment for up to one year.
It is a crime to hire, request or induce any minor to purchase liquor or malt or beverages. The penalty is a minimum fine of $300 and imprisonment for up to one year.
Sales without a license or purchases from an unlicensed source of liquor or malt or brewed beverages are prohibited.
It is unlawful to possess or transport liquor or alcohol within the Commonwealth unless it has been purchased from a State Store or in accordance with Liquor Control Board regulations. The College will cooperate with the appropriate law enforcement authorities for violations of any of the abovementioned laws by an employee.
The use in any advertisement of alcoholic beverages of any subject matter

Drugs and Controlled Substances

The Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. C.S.A. 780- 101 et seq., sets up five schedules of controlled substances based on dangerousness and medical uses. Penalties for first-time violators of the Act range from thirty days imprisonment, $500 fine, or both for possession or distribution of a small amount of marijuana or hashish, not for sale, to fifteen years or $250,000 or both for the manufacture or delivery of a Schedule I or II narcotic. A person over eighteen years of age who is convicted for violating The Controlled Substance, Drug, Device and Cosmetic Act, shall be sentenced to a minimum of at least one-year total confinement if the delivery or possession with intent to deliver of the controlled substance was to a minor. If the offense is committed within 1,000 feet of the real property on which a College is located, the person shall be sentenced to an additional minimum sentence of at least two years total confinement.
The Vehicle Code, 75 PA, C.S.A. 3101 et seq., which was amended effective July 1, 1977, prohibits driving under the influence of alcohol or a controlled substance, or both, if the driver thereby is rendered incapable of safe driving. A police officer is empowered to arrest without a warrant any person whom they have probable cause to believe has committed a violation, even though the officer may not have been present when the violation was committed. A person so arrested is deemed to have consented to a test of breath or blood for the purpose of determining alcoholic content, and if a violation is found it carries the penalties of a misdemeanor of the second degree, which includes imprisonment for a maximum of thirty days.
The Federal drug laws, The Controlled Substances Act, 21 U.S.C. 801 et seq., are similar to the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, but contain, for the most part, more severe penalties. Schedules of controlled substances are established, and it is made unlawful knowingly or intentionally to manufacture, distribute, dispense, or possess with intent to distribute or dispense a controlled substance. If the quantity of controlled substance is large (e.g., 1,000 kg of a mixture or substance containing marijuana), may face a penalty of 10 years of imprisonment with the maximum penalties are life imprisonment, with significant fines. Lesser quantities of controlled substance (e.g., 100 kg of a mixture or substance containing marijuana) result in maximum penalties of life imprisonment, a substantial fine, or both. The distribution of lesser amounts of marijuana for no remuneration or simple possession of a controlled substance carries a maximum of one year’s imprisonment, a $5,000 fine, or both, with the penalties for the second offense doubling. Probation without conviction is possible for first offenders. Distribution to persons under the age of twenty-one by persons eighteen or older carries double or triple penalties. Double penalties also apply to the distribution or manufacture of a controlled substance in or on or within 1,000 feet of the property of a school or college.